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Feb 25, 2016
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one need look no further than sitting associate justice anthony kennedy is supreme court nominee pointed by a republicane president and confirmed by a democratic senate in 1988. so whe office during an election year.e so when i hear one of my colleagues say that quote it's been standard practice over the last 80 years to not confirm a supreme court nominee during a presidential election year, i o know that's not true. observed i'm not the only one who knows this is not true. in fact checking publicationn politifact's quote should republican lawmakers refuse to begin the process of confirming a nomination it would be the first time in modern history and quote. scotusblog indisputable authority on all matters related to the court confirmed that the quote historical record does not reveal any instances in over a century the senate failing to confirm a nominee and a presidential year because of the impending elections. the fact of the matter is that there is a bipartisan tradition, a bipartisan tradition of giving full and fair consideration to the supreme court nominee., since the judiciary
one need look no further than sitting associate justice anthony kennedy is supreme court nominee pointed by a republicane president and confirmed by a democratic senate in 1988. so whe office during an election year.e so when i hear one of my colleagues say that quote it's been standard practice over the last 80 years to not confirm a supreme court nominee during a presidential election year, i o know that's not true. observed i'm not the only one who knows this is not true. in fact checking...
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Feb 26, 2016
02/16
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that's what happened when anthony kennedy was confirmed in the last year of president reagan's term, when democrats actually held the senate majority. in fact, a total of 14 justices have been confirmed in the final year of a president's term. now, why is this important? the supreme court is a coequal branch of our federal government. it is a vital part of the separation of powers. it's the final arbiter of the law of the land, and one of our important jobs as senators is to ensure the court has the justices it needs to decide cases. it's impossible to overstate the importance of a functioning supreme court. brown v. board of education desegregated our schools. loving v. virginia struck down laws ha that made interracial marriage illegal. roe v. wade ruled on the constitutionality of state limits on women's access to reproductive health care. -- which has been upheld as precedent for over 40 years. bush v. gore even decided who would move into the white house as president of the united states. more recently, the supreme court struck down limits on campaign money, nullified a key part
that's what happened when anthony kennedy was confirmed in the last year of president reagan's term, when democrats actually held the senate majority. in fact, a total of 14 justices have been confirmed in the final year of a president's term. now, why is this important? the supreme court is a coequal branch of our federal government. it is a vital part of the separation of powers. it's the final arbiter of the law of the land, and one of our important jobs as senators is to ensure the court...
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Feb 24, 2016
02/16
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most recently with the confirmation of justice anthony kennedy during the last year of ronald reagan's second term of president. in the last 100 years the senate has taking action on every supreme court nominee regardless of whether the nomination was made in a presidential election year. so the american people now have to deal with two vacancies. one on the supreme court and the other in the judgment of the senate republicans because they seem willing to go to unprecedented lengths to stop this constitutionally mandated process from moving forward. republican senators reading words into the constitution to reach the result they want is no different from the so-called judicial activism on the bench that they routinely decry. the republicans would rather shirk their constitutional responsibility than let president obama appoint another justice to the court. they'd rather depierve the country of a fully functioning supreme court not just for the remainder of this term but for the next term of the supreme court as well than fulfill their constitutional duty. now where is that? well, becau
most recently with the confirmation of justice anthony kennedy during the last year of ronald reagan's second term of president. in the last 100 years the senate has taking action on every supreme court nominee regardless of whether the nomination was made in a presidential election year. so the american people now have to deal with two vacancies. one on the supreme court and the other in the judgment of the senate republicans because they seem willing to go to unprecedented lengths to stop...
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Feb 24, 2016
02/16
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in fact, a democratic senate confirmed justice anthony kennedy in the final year of president reagan's term. yet, roughly nine months before the next election the republican position is that the senate shouldn't do its job because 11 months from now we'll have a new president. i ask you, what has that the -- that got to do with us doing our jobs? under the republican time line, the supreme court will left with only eight justices for over a year. the last time it took so long for the senate to fill a vacancy on the court was during the civil war. the rationale that the senate shouldn't act because of an upcoming election is not only stunning, but i think most americans would agree absurd. in what other workplace can employees announce that they don't plan to fulfill their responsibilities for nine months and still get paid? but that is exactly what republicans are saying to the american people. we work for the american people. the american people elect senators, representatives and presidents. through elections, the people shape the direction of our country. while republicans may want
in fact, a democratic senate confirmed justice anthony kennedy in the final year of president reagan's term. yet, roughly nine months before the next election the republican position is that the senate shouldn't do its job because 11 months from now we'll have a new president. i ask you, what has that the -- that got to do with us doing our jobs? under the republican time line, the supreme court will left with only eight justices for over a year. the last time it took so long for the senate to...
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Feb 25, 2016
02/16
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that's what happened when anthony kennedy was confirmed in the last year of president reagan's term, when democrats actually held the senate majority. in fact, a total of 14 justices have been confirmed in the final year of a president's term. now, why is this important? the supreme court is a coequal branch of our federal government. it is a vital part of the separation of powers. it's the final arbiter of the law of the land, and one of our important jobs as senators is to ensure the court has the justices it needs to decide cases. it's impossible to overstate the importance of a functioning supreme court. brown v. board of education desegregated our schools. loving v. virginia struck down laws ha that made interracial marriage illegal. roe v. wade ruled on the constitutionality of state limits on women's access to reproductive health care. -- which has been upheld as precedent for over 40 years. bush v. gore even decided who would move into the white house as president of the united states. more recently, the supreme court struck down limits on campaign money, nullified a key part
that's what happened when anthony kennedy was confirmed in the last year of president reagan's term, when democrats actually held the senate majority. in fact, a total of 14 justices have been confirmed in the final year of a president's term. now, why is this important? the supreme court is a coequal branch of our federal government. it is a vital part of the separation of powers. it's the final arbiter of the law of the land, and one of our important jobs as senators is to ensure the court...
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Feb 26, 2016
02/16
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justice anthony kennedy became a justice on a supreme court when a democrat controlled senate gave him a hearing and a vote in a presidential year much like this one. a lame duck outgoing president appointed justice kennedy. a democrat senate didn't refuse to meet with him or refuse the vote but said we will abide by the constitution. for this outgoing president has the full authority of office. president obama deserves nothing less. we as senators have a responsibility under the constitution regardless of what speech was made 25 years ago. mr. president, i field the floor. >> the senator from utah. >> madam president, i have been very concerned about the tentative debate. you know, certainly some read the constitution different from others. yes, the president has an absolute right to nominate. and we have an absolute right to consider the nomnition and give advice on it. there are 160 justice nominated over the years and 36 of them were nominated and for some reason never got a vote in a number of cases. there is a lot of precedent here you can ignore. one precedent we should not igno
justice anthony kennedy became a justice on a supreme court when a democrat controlled senate gave him a hearing and a vote in a presidential year much like this one. a lame duck outgoing president appointed justice kennedy. a democrat senate didn't refuse to meet with him or refuse the vote but said we will abide by the constitution. for this outgoing president has the full authority of office. president obama deserves nothing less. we as senators have a responsibility under the constitution...
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Feb 21, 2016
02/16
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as justice anthony kennedy wrote in the 2011 case of the united states versus bond federalism is more than an exercise in setting the boundary of different ins instituti institutions of government. bond was the run of the mill case of adultery, federalism and chemical weapons. this woman sprinkled garden variety chemical powder on her best friend's post-office box and front door and car handle when she discovered the best friend had been having an affair and was indeed pregnant by her husband. and rather than being charged for assault or attempted murder by local officials the federal prosecutor went after her for violating the federal legislation for implementing chemical weapons. a bit overkill. this came up twice and once the government lost uunanimously an then once lost 8-1. the last term case was yates versus the united states where the fisher was catching underage grouper and was prosecuted and sentenced to a long time in jail for violating the anti-shredding law which was federal overreach and struck down by the supreme court. if the federal court works outside of its enumerat
as justice anthony kennedy wrote in the 2011 case of the united states versus bond federalism is more than an exercise in setting the boundary of different ins instituti institutions of government. bond was the run of the mill case of adultery, federalism and chemical weapons. this woman sprinkled garden variety chemical powder on her best friend's post-office box and front door and car handle when she discovered the best friend had been having an affair and was indeed pregnant by her husband....
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Feb 21, 2016
02/16
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kennedy wrote that she joined the majority in but in many ways it's very similar in that it imposed the national standard on the country just as roe v wade has and she criticized roe v wade for doing that and i was wondering if there has been anything from her as to why she sees that differently then roe v wade west and mark. >> guest: i think part of it is that she has always looked at social movements and culture to change before the law does so she thought there was still a lot of work to do in changing culture for the women's movement in 1973 went roe v wade came down but by the first time the gay-rights decision came down, that was the defense of marriage to act. the country hadchanged, is what she said . people had gotten to know gay people in life and it was no longer a foreign concept. the law actually had to catch up. >> guest: another part of that is, another thing she learned from marty and her experience in that marriage is that knowledge that marriage could be an egalitarian institution. in oral arguments, the most recent gay marriage case, she interrupted the oral argu
kennedy wrote that she joined the majority in but in many ways it's very similar in that it imposed the national standard on the country just as roe v wade has and she criticized roe v wade for doing that and i was wondering if there has been anything from her as to why she sees that differently then roe v wade west and mark. >> guest: i think part of it is that she has always looked at social movements and culture to change before the law does so she thought there was still a lot of work...
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Feb 23, 2016
02/16
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president reagan in 1988, the last year of his presidency, put forward the nomination of anthony kennedy to be a supreme court justice, the last year of his term. and what did we do? we took it up, and he was confirmed. now there's lots of time to do things. biden's statements -- vice president biden's statement was made in the middle of the summer of the year that he spoke, but there's so much time left. we have 333 days left in president obama's term of office, so there's plenty of time to get the work done, because average days to confirm justices, 67 days. so i think we should be able to squeeze out of 333 days, 67 days. i don't want to burden everyone with facts, but sometimes they get in the way of some of these ridiculous diversions from what our job should be. when senator biden was chairing the judiciary committee in 1991 and 1992, george w. bush's term, we confirmed 120 judges. certainly that hasn't been the case in the last few years because the republicans basically opposed all judges, and now this new direction toward making sure there's no confirmation of a supreme court ju
president reagan in 1988, the last year of his presidency, put forward the nomination of anthony kennedy to be a supreme court justice, the last year of his term. and what did we do? we took it up, and he was confirmed. now there's lots of time to do things. biden's statements -- vice president biden's statement was made in the middle of the summer of the year that he spoke, but there's so much time left. we have 333 days left in president obama's term of office, so there's plenty of time to...
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Feb 24, 2016
02/16
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president reagan in 1988, the last year of his presidency, put forward the nomination of anthony kennedy to be a supreme court justice, the last year of his term. and what did we do? we took it up, and he was confirmed. now there's lots of time to do things. biden's statements -- vice president biden's statement was made in the middle of the summer of the year that he spoke, but there's so much time left. we have 333 days left in president obama's term of office, so there's plenty of time to get the work done, because average days to confirm justices, 67 days. so i think we should be able to squeeze out of 333 days, 67 days. i don't want to burden everyone with facts, but sometimes they get in the way of some of these ridiculous diversions from what our job should be. when senator biden was chairing the judiciary committee in 1991 and 1992, george w. bush's term, we confirmed 120 judges. certainly that hasn't been the case in the last few years because the republicans basically opposed all judges, and now this new direction toward making sure there's no confirmation of a supreme court ju
president reagan in 1988, the last year of his presidency, put forward the nomination of anthony kennedy to be a supreme court justice, the last year of his term. and what did we do? we took it up, and he was confirmed. now there's lots of time to do things. biden's statements -- vice president biden's statement was made in the middle of the summer of the year that he spoke, but there's so much time left. we have 333 days left in president obama's term of office, so there's plenty of time to...
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Feb 23, 2016
02/16
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that year a democratic senate confirmed president ronald reagan's nomination of justice anthony kennedy in the final year of his administration. i voted to confirm justice kennedy's nomination. i did my friend, the current chairman of the judiciary committee, senator grassley. i think it's well that the presiding officer is the junior senator from iowa. i hope she would listen to what senator grassley said time and time again. senator grassley had no trouble supporting justice kennedy's nomination then not withstanding the fact it was president reagan's last year in office. since that time the senior senator from iowa has been on record inning with defending the president's right to put forward nominee. senator grassley said in 2008 the reality is that the senate never stopped confirming judicial nominees during the last few months of a presidential term. gray with senator grassley, or at least i agreed with him. frankly, i'm not sure where the senior senator from iowa stands now. he issues a statement, contradictory statements it seems every day on this one issue. another person who vo
that year a democratic senate confirmed president ronald reagan's nomination of justice anthony kennedy in the final year of his administration. i voted to confirm justice kennedy's nomination. i did my friend, the current chairman of the judiciary committee, senator grassley. i think it's well that the presiding officer is the junior senator from iowa. i hope she would listen to what senator grassley said time and time again. senator grassley had no trouble supporting justice kennedy's...
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Feb 23, 2016
02/16
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that your democratic senate confirmed president reagan wanted justice anthony kennedy in the final year of his administration. i voted to confirm his nomination. i would hope the junior senator from iowa would listen to what is being said time and again. charles grassley had no problem supporting the nomination then during reagan's last year in office. since that time senator grassley has defended the presidents right. in 2008 senator grassley said and i quote, the senate has never stop can firming nominees during the presidential term. the reality is that the senate has never stopped confirming judicial nominees in the last few months of a presidential term. i agree with senator grassley or at least i agreed with him. frankly, now i'm not sure where the senior senator from iowa stance. he issues contradictory statements every day on this one issue. another person willing to confirm was the first term center from kentucky, senator mccamley. in fact, 40 years ago the republican leader said it had a duty for the supreme court presidential nominations. he wrote in 1970 and i quote, even th
that your democratic senate confirmed president reagan wanted justice anthony kennedy in the final year of his administration. i voted to confirm his nomination. i would hope the junior senator from iowa would listen to what is being said time and again. charles grassley had no problem supporting the nomination then during reagan's last year in office. since that time senator grassley has defended the presidents right. in 2008 senator grassley said and i quote, the senate has never stop can...
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Feb 25, 2016
02/16
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justice anthony kennedy became a justice on the supreme court when a democratic controlled senate gave him a vote -- a hearing and a vote in a presidential year much like this one. a lame-duck outgoing president appointed justice kennedy. a democratic senate did not refuse to meet with him, did not refuse to have a hearing, did not refuse to have a vote but said we will abide by the constitution. for this outgoing president, he has the full authority of office. president barack obama deserves nothing less, and we as senators have a responsibility under this constitution, regardless of what speech was made 25 years ago to pay close attention to these words and to do our constitutional duty. mr. president, i yield the floor. the presiding officer: the senator from utah. mr. hatch: madam president, i have been very concerned about the tenor of the debate. apparently, some read the constitution differently from others. yes, the president has an absolute right to nominate. we have an absolute right to consider that nomination and give advice on it. now, just for the record, there are 160 --
justice anthony kennedy became a justice on the supreme court when a democratic controlled senate gave him a vote -- a hearing and a vote in a presidential year much like this one. a lame-duck outgoing president appointed justice kennedy. a democratic senate did not refuse to meet with him, did not refuse to have a hearing, did not refuse to have a vote but said we will abide by the constitution. for this outgoing president, he has the full authority of office. president barack obama deserves...
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Feb 26, 2016
02/16
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this includes charles whitaker, harriet vlad, john paul stevens, anthony kennedy and david souter. you might notify the way that every one of these eight justices was nominated by the republican president and confirmed by the senate controlled by the democrats. despite all the fuss and fury over the supreme court confirmation process the plain and simple fact is the senate always puts forth nominees for the qualified and more reasonably moderate in their views. this approach has major benefits to the nation. it reduces potential risk of confirmation stalemate and reduces the risk of politicizing the judiciary and more or less averages out over time. in short this is a sensible pragmatic approach that has served the nation well. republicans desire to obstruct the understandable as a matter of partisan self-interest such obstruction would set a disastrous precedent for the future. if the president president nominates a highly qualified moderate nominee for senate republicans should do their jobs as have done throughout history and should confirm that nominee. let me offer a closing t
this includes charles whitaker, harriet vlad, john paul stevens, anthony kennedy and david souter. you might notify the way that every one of these eight justices was nominated by the republican president and confirmed by the senate controlled by the democrats. despite all the fuss and fury over the supreme court confirmation process the plain and simple fact is the senate always puts forth nominees for the qualified and more reasonably moderate in their views. this approach has major benefits...
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Feb 23, 2016
02/16
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that your democratic senate confirmed president reagan wanted justice anthony kennedy in the final year of his administration. i voted to confirm his nomination. i would hope the junior senator from iowa would listen to what is being said time and again. charles grassley had no problem supporting the nomination then during reagan's last year in office. since that time senator grassley has defended the presidents right. in 2008 senator grassley said and i quote, the senate has never
that your democratic senate confirmed president reagan wanted justice anthony kennedy in the final year of his administration. i voted to confirm his nomination. i would hope the junior senator from iowa would listen to what is being said time and again. charles grassley had no problem supporting the nomination then during reagan's last year in office. since that time senator grassley has defended the presidents right. in 2008 senator grassley said and i quote, the senate has never
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Feb 22, 2016
02/16
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that year a democratic senate confirmed president ronald reagan's nomination of justice anthony kennedy in the final year of his administration. i voted to confirm justice kennedy's nomination. i did my friend, the current chairman of the judiciary committee, senator grassley. i think it's well that the presiding officer is the junior senator from iowa. i hope she would listen to what senator grassley said time and time again. senator grassley had no trouble supporting justice kennedy's nomination then not withstanding the fact it was president reagan's last year in office. since that time the senior senator from iowa has been on record inning with defending the president's right to put forward nominee. senator grassley said in 2008 the reality is that the senate never stopped confirming judicial nominees during the last few months of a presidential term. gray with senator grassley, or at least i agreed with him. frankly, i'm not sure where the senior senator from iowa stands now. he issues a statement, contradictory statements it seems every day on this one issue. another person who vo
that year a democratic senate confirmed president ronald reagan's nomination of justice anthony kennedy in the final year of his administration. i voted to confirm justice kennedy's nomination. i did my friend, the current chairman of the judiciary committee, senator grassley. i think it's well that the presiding officer is the junior senator from iowa. i hope she would listen to what senator grassley said time and time again. senator grassley had no trouble supporting justice kennedy's...
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Feb 25, 2016
02/16
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kennedy. 1988. again, president reagan submitted his name in a 1988, he was confirmed by a democratic senate. in fact, the senate's been confirming justices in presidential elections since our nation's founding. two of president washington's nominees were confirmed during his last years in office. since 1916, every pending supreme court nominee either received a hearing or been confirmed quickly before a hearing even took place. think about that, a pending supreme court nominee has never been denied a hearing in the history of the united states. the only exception is the nominees who were confirmed without a hearing. yet, within hours -- i think actually, within less than an hour, i believe, of the announcement of justice scalia's passing, the republican leader in the senate pretty much said we're not going to do our jobs. we are not even going to have a hearing on whoever the president of the united states nominates, whoever it is. we're not only not going to have a hearing. he then said later, i'm
kennedy. 1988. again, president reagan submitted his name in a 1988, he was confirmed by a democratic senate. in fact, the senate's been confirming justices in presidential elections since our nation's founding. two of president washington's nominees were confirmed during his last years in office. since 1916, every pending supreme court nominee either received a hearing or been confirmed quickly before a hearing even took place. think about that, a pending supreme court nominee has never been...